The rights of property owners.

Connie Bruwer from PC Bruwer and Partners advises on this important topic.

Question:  The past two years’ uncertainty about the rights of homeowners who need to get rid of tenants who do not pay their rent, will soon be a thing of the past. Connie, what can you tell us about this?

Connie:  Changes to the legislation that led to this uncertainty, have already been approved and will be issued shortly. The uncertainty was caused by the Law on the Prevention of Illegal Squatting 2004, which stated that anyone who squats on a piece of land for a certain time, will simply not be allowed to be removed from the property, as the land owner has lost his presence on the ground.

Question:  What happened in such a case?

Connie:  In such a case the landowner had to apply to the High Court for an eviction order and in most cases the court ruled that the landowners had to find alternative accommodation for the squatters. The uncertainty was compounded when the Appeal Court included the rights of illegal squatters to tenants or bondholders who illegally reside at a residential area because they do not pay their rent or mortgage payments.

Question:  It certainly caused a lot of problems Connie?

Connie:  This led to consternation in property circles because fears existed that landlords would struggle to get rid of tenants who do not pay their rent, as a tenant who delayed the eviction process long enough could claim to have the same rights as an illegal squatter.

In such a case, the landlord might be forced to seek alternative accommodation for the tenant.

Question:  This decision certainly had other serious consequences Connie?

Connie:  The decision also had serious consequences for the banks who had to repossess homes of customers who did not repay their mortgages. Lawyers who represented groups of people who illegally occupied old buildings in Johannesburg’s inner city, also used the law against the Johannesburg City Council to stop them from evicting the people. This was also because the buildings were unsafe and that the city council did not provide them with alternative accommodation.

Question:  Has the government tried to do anything about this matter?

Connie:  The government, however, tried to calm everyone by saying that these consequences were never intended when the law was drafted. The amendments to the law make provision for anyone who at one stage was a legal tenant and not to be later considered as an illegal squatter.

Someone is seen as legal when he/she paid rent or bond payments and the fact that such a person has ceased to pay, does not change his or her status.

Sound logic prevailed in court decisions since the Appeal Court’s decision and “it is still legally possible for people who do not fulfill their obligations to be evicted.”

When the planned changes of the law is promulgated, all doubts will be dispelled.